The Campaign For DA

5.19.2015

Random Tuesday Morning Thoughts



  • From 12/11/14 Random Thoughts: "I attended a retirement reception at the courthouse yesterday and met the guest of honor's mother. 'You make me so mad because of what you write!!'" she told me in equal amounts of authentic anger and sweetness."  Ruth Cleveland Salyer, 73, will be buried today after a shockingly brief, yet courageous, battle with cancer.
  • Let me tell you something, we've got a cluster going on in Waco with this gang gun battle. Things that jump out at me: (1) 170 of the gang members have been charged with a crime. That's beyond ridiculous and a great clue that police have no idea what they are doing. Prepare to learn of tons of cases being dismissed. Then again, the DA down there is a goofball. (2) In the meantime, gang members who were simply present (which isn't a crime and kind of a protected constitutional right) will sit in jail on a $1 million bond because there's a Justice of the Peace in Waco who also does not know what he's doing. (3) Note to media: There must be a "probable cause affidavit" prepared for every warrantless arrest in Texas. Demand to see all of them. And then do some comparison to determine how much copying and pasting was done. (4) Did the shooting begin in the restaurant of the parking lot? Waco PD Public Information Officer  Sgt. W. Patrick Swanton doesn't know and said, “It will all come out in the wash at some point." (5) Swanton is way in over his head and seems to not understand that his title includes the word "information" and not "spin" or "propaganda". (6) Eighteen Waco officers in addition to state troopers were outside the restaurant when the fight began? You kidding me? This is right out of Minority Report where an army of cops were always at the scene of a "pre-crime" but in this case it still happened. No wonder Waco PD went on the defensive and blamed the restaurant while the blood was still wet on the pavement. (7) News cames out yesterday that maybe four or more of the dead were killed by cops but no one will confirm. It's probably not confirmed because it was a cluster and no one knows. (8). Going back to prosecuting 170 of the gang members, good luck: Gangs testifying against gangs? Eyewitness testimony when all the participants (and non-participants) are dressed alike? Chaos beyond comprehension? Yeah, good luck. (9) And here's a question every defense lawyer involved in this case needs to be prepared to ask: Did law enforcement officers on the scene prepare their reports after the fact independently or did they all huddle together to get a nice and cohesive description of the facts.
  • Tell me what you think about this. A Texas Supreme Court Justice last night tweets a picture of his young son and himself video chatting on the Facetime app and informing us that his son had just recited Ephesians 4 "from memory". (The judge is in bed).
  • In light of the Grapevine officer's no-bill for killing the motorist, I've heard more and more of this "Obey the cops and you won't get shot" nonsense.  Hey, obey the cops or suffer the reasonable legal consequences makes sense. Obey the cops or die does not. 
  • Between the conservatives and Fox News already beating up Jeb Bush and Marco Rubio. this GOP primary is going to be insane. And yesterday Lindsey Graham announced that he will, uh, announce that he will run for President.  Prediction: He will be one of the first ones to quit. I've said Ted Cruz will get crushed but at least Cruz is smart and has a personality -- two traits that Graham does not possess.
  • The Ticket has been playing the "mom shaming 13 year old for posting on Facebook" video.  I suspect a seed of resentment has been planted in the 13 year old which will grow for decades.
  • It has to be sweeps week. Fox 4's Becky Oliver had the most confusing and nonsensical and poorly written expose on some probate/guardianship matter last night which could only cause Steve Eager to say, "What a mess."  Well, it was a mess of a report.
  • I watched David Letterman for the first time in forever last night because I learned Eddie Vedder was going to perform "Better Man".  But I was stunned to see that Letterman's monologue was even worse than I remembered -- it was cringe worthy --  and this is at a time when the best joke writers in the world should be involved. (But Vedder was kick arse. Video here.)




49 comments:

Ernest T said...

I know that it kills you to have to admit it, but the PD in Waco was doing there job. They had warned Twin Peaks management about these Bike Nights and the fear that it could turn violent with these gangs.

Instead of listening to the warnings from the PD, Twin Peaks chose to go ahead. Since they would not listen, the best move by the PD was to have a few officers on standby in case something happened.

I am sure that if no officers had been on standby, then you would have faulted the PD for not doing their job to protect the citizens.

Anonymous said...

Today's RTG looks like she would be the best you ever had. Until you broke up with her, and she burned down your house.

Anonymous said...

love that 'shrill,shrieking ' vibrato of eddie vedder!
my gosh that's terrible

df simon c.

Anonymous said...

"at least Cruz is smart and has a personality -- two traits that Graham does not possess"

I suppose you are adding Graham to the list that includes Gore, Biden, Jackson-Lee, Sharpton, .....

Anonymous said...

Have you not been watching late night talk shows the past 20 years?

ALL of the monologues, regardless of host, are cringe-worthy.

I gave up on these shows years ago once I realized all they are are venues for dunderhead celebrities to go on and plug a movie/TV/album while telling some hilariously unfunny story about some random thing going on in their lives, while the host pretends to find it fascinating....and the audience applauds because it politely makes up for the fact that they aren't laughing.

Go to YouTube, type "Tonight Show, 1969," in the search bank and watch a 22-minute video of Bob Hope, Dean, Martin, Robert Wagner and George Gobel mingle with Johnny Carson.

It's loose, it's open, nobody is hawking anything and it's one of the FUNNIEST things I've seen in my life. Dean Martin has a bottle of Scotch in one hand and a cigar in the other. He doesn't give a d*mn.

Now THAT is what a late-night talk show ought to be.

Anonymous said...

I hope Lindsey Graham is prepared to address all the rumors about his homosexuality.

Anonymous said...

8:59, I don't think Barry was suggesting that the cops shouldn't have been on the scene. He's suggesting that if there were that many cops there before the fight broke out, and it broke out anyway, and that many people died, and some of them maybe died as a result of police gunfire, ...... then the rush to blame the restaurant for the carnage was spin to try to keep anyone from pointing a finger at the police for not being able to stop things quicker and with less bloodshed.

No doubt the restaurant has some blame. But very likely some of the cops and/or troopers have a share in that blame.

The lion's share of the blame, of course, lies with the gang members themselves.

Anonymous said...

I realize I'm gonna get knocked for saying this but the best celebrity interviewer is Howard Stern on Sirius radio. He gets far more interesting information out of his guests than Letterman, the Jimmies, Conan or even Carson ever could.

Anonymous said...

If my family was at a shopping center when biker gangs started shooting, I would want the entire police force there with guns blazing! No innocent person was killed or injured. The restaurant did not provide security so they should lose their franchise. A Sunday lunch should be peaceful.

Anonymous said...

no mention of the HNIC's new Twitter account. Speaks volumes

Anonymous said...

Since Iowa, New Hampshire, South Carolina and Florida decide the presidential primary nomination, any discussion of any of the candidates, interviews, news items, speeches given by any of the candidates should be banned in the other 46 states. I don't want to hear all that crap for the next 12 months knowing we won't have any say in who is nominated. Stupid primary system!

Anonymous said...

Eddie Vedder is still alive? Wow!

DF Kurt Cobain

Anonymous said...

Ernest T...
You ever tried to tell a biker gang not to come back into your establishment? Think they would have listened, or retaliated? Pull your head out of your ass, man.

Anonymous said...

Letterman's monologue has always been bad. It's always been the weak part of his show. His show is all about the bits, the interviews, and the musical guests.

Anonymous said...

Good God! Who's in charge in Waco? Janet Reno and Bill Clinton?

Anonymous said...

"Obey the cops and you won't get shot" nonsense. Hey, obey the cops or suffer the reasonable legal consequences makes sense. Obey the cops or die does not.

Apparently you are only for paraphrasing when its you.

I read that to mean, Obey the cops when they have a gun pointed at you and you won't get shot while you are doing something that can be construed as an act of aggression toward them.

Anonymous said...

I guess BG has never heard of ballistics or security camera footage. I think when the investigation is done we will know exactly what happened, who shot who, and all the players directly involved.

I do agree that many of the 170 will get charges dropped but the best thing to do in a cluster like this is to round them all up until you figure out who was really involved.

Anonymous said...

If Lindsey Lohan only has 125 hours left of community service till the end of the month, 12 hour days from here on out ought to cover it.

Anonymous said...

Have you ever used your brain to think maybe they are holding them as long as they can do diffuse a near-future all out street war???

Anonymous said...

If drugs were legal, all of this biker gang turf war would just go away.

Anonymous said...

This biker deal is just eating you alive, huh Barrister? Your liberal views are getting to the point of being comical. Are you sure that your disdain for police may be of a more personal nature? Just sayin.

Anonymous said...

10:26, Don't forget prostitution and human trafficking.

Anonymous said...

Submitted for your consideration:

Swanton is way in over his head...police have no idea what they're doing...the DA is a goofball...do some comparison to determine how much copying and pasting was done...Eighteen Waco officers in addition to state troopers were outside the restaurant when the fight began? You kidding me?

Compare and contrast:

"...Among the free peoples who govern themselves there is but a small field of usefulness open for the men of cloistered life who shrink from contact with their fellows. Still less room is there for those who deride of slight what is done by those who actually bear the brunt of the day; nor yet for those others who always profess that they would like to take action, if only the conditions of life were not exactly what they actually are. The man who does nothing cuts the same sordid figure in the pages of history, whether he be a cynic, or fop, or voluptuary. There is little use for the being whose tepid soul knows nothing of great and generous emotion, of the high pride, the stern belief, the lofty enthusiasm, of the men who quell the storm and ride the thunder. Well for these men if they succeed; well also, though not so well, if they fail, given only that they have nobly ventured, and have put forth all their heart and strength."

From TR's Citizenship In A Republic (frequently excerpted as The Man in the Arena) speech, given at the Sorbonne, April 23, 1910.

Counselor, I see much criticism of all manner of LE in your post, no mention whatever of what you believe would have mitigated or ameliorated the situation.
FTR, I am not in LE, nor is anyone in my family.

Anonymous said...

And then do some comparison to determine how much copying and pasting was done.

Rough guess - about the same amount as most CDAs use preparing responses from one client to the next, eh?

Brewcrew said...

I think it would be funny if ballistics came back proving the biker victims were all shot by the cops.

Ernest T said...

9:57 -

They were there because of a Bike Night hosted by Twin Peaks, which had been warned against hosting by the PD because of concerns of something like this happening. If Twin Peaks had not had this special event, then you possibly would not have had both gangs in there to start a fight.

Sam Brows said...

I think it is awesome that the Supreme Court Justice is proud of his son for memorizing portions of the Bible, and there's nothing wrong with a little positive re-enforcement. That said, this is exactly the sort of minutia that makes Twitter and Facebook such an awesome bore. Oh, look, I bought steaks for dinner. Look at me, here I am picking up my laundry before I go to Barnes and Noble. Here's me dropping the kids off at school. Here's me driving up to the church. Here's me, here's me, here's me. give it a rest.

And speaking of Facebook, that mom shaming her daughter video was awesome. There's a great use for Facebook! Barry might be correct in saying that a seed of resentment has been planted; however, i'd run the risk of planting a seed or resentment against the risk of having my 13 kid think I believed it was ok to brag about being a freak and posting risqué pics of herself on-line.

And that's all I've got to say about that.

Anonymous said...


Barry,
I get the implication whereby you make the statement "obey the cops and you won't get shot"
-that whole elaboration is probable but shortsighted. We live in a time when a badge is more a target than a threat.

Again, I've never had a issue with the police but never really supplied them with lawlessness to be shot over.

So, when trying to "splain dis" to the liberal weenies - try to avoid the fecal fodder that you will be working with!

SpanishWarDonkey said...

BG, I know you're no shill, but we need an HSO about Hillary's second personal email account.

Anonymous said...

The bible is awesome. But then again, Im always a sucker for good fiction.

Anonymous said...

Ernest T
You keep saying the same thing over and over. You must have no idea how threatening and intimidsating these bike gangs are. Maybe the Twin Peaks mgr had no choice but to allow it. Maybe they threatened him, maybe his family.

Anonymous said...

The Ticket has been playing the "mom shaming 13 year old for posting on Facebook" video. I suspect a seed of resentment has been planted in the 13 year old which will grow for decades.

How would you know?

Anonymous said...

Maybe the Tarrant County DA can go down there and show them how to run office.

Anonymous said...

ME THINKS BARRY GREEN OUTTA GO ON DOWN THERE AND START REPRESENTIN THEM GOOD OL BOYS. SHOW MCCLENNAN COUNTY WHAT REAL JUSTICE IS ALL ABOUT. BY GOD!

Anonymous said...

Maybe a drunk driving lawyer from a jerk water town can go down there and show them how to run office.

Anonymous said...

I think it would be funny if ballistics came back proving the biker victims were all shot by the cops.

11:04 AM

As long as the bikers had a gun or knife of weapon in their hand, I really don't care.

Anonymous said...

Yesterday was the first day that I saw the video of the confrontation between the Grapevine police officer and the dead man. Bottom line is that I had never seen how the man continued to move toward the officer who repeatedly told him to stop. The officer had to shoot or risk a fight for his gun and for his own life. Barry, you are totally bias and acting like a ignorant fool by not seeing this as it really happened. I think the bottom line is that you have some kind of hostility toward authority.

Anonymous said...

1:39

Options....think...options.

Shooting someone twice and killing them should have been pretty far down the list.

Anonymous said...

Second email? So you haven't found my other ten accounts.

DF pantsuitlady@hotmail.com
or
DF killbill@yahoo.com

Anonymous said...

2:21 PM

Please provide said list of options. They're quite meaningful now that you've had time to think about it.

Please provide your list that is ready for use when in this circumstance/ How has this methodology worked out for you?

Anonymous said...

Why is today's RTG down on her kn.............. oooohhh, Never mind.

Anonymous said...

re: the facebook mom

"Niggas is roguish"

That's a direct quote from a black dude I used to work with. He said it a lot and advised me not to come to his neighborhood after dark

Anonymous said...

If my job is to chase you and arrest you, and you stop running and approach me when I tell you to stop. You are dead meat. That saved the tax payers a lot of money and put a public defender out of a job. No wonder Barry hates his customers getting shot. He can't milk the public cow on that one.

Anonymous said...

BG,

So you are flogging the Waco police over what may have happened when a bunch of bikers, and no bystanders, were killed. No firm information...just speculation.

And yet you have not written ONE word about the Clintons gigantic circle jerk. The data points of the emails, speech money, foundation money, and crony capitalism is mind blowing.

I would think that your ability to rationalize whatever you wish, no matter the data, should lead you to seek psychological counseling.

Anonymous said...

5:10

You must not be reading the posts of the Waco PDs comments.

Anonymous said...

3:03

Posted yesterday....

If I were a cop....

"Options....

taser.....uh...no.

pepper spray....uh...no

take him down like the cops did the Mom in the parking lot in front of her kid giving her a full face plant.....uh....no

a kick to the knutz...uh....no

Taking control of the situation....uh....no

Shoot him once.....uh....no

Default answer, shoot him twice, then broadcast shots fired...

That cop needs to be retrained."

Anonymous said...

I think 9:00 has it right about RTG chick - something kinda Bride of Chucky going on there...

Anonymous said...

Oh, Barry...Mama would have loved that you mentioned her in your blog, thank you. She didn't agree with you on most things but she loved reading your blog. We don't always have to agree, do we? I love you for putting that in there...

Anonymous said...

"Fox 4's Becky Oliver had the most confusing and nonsensical and poorly written expose on some probate/guardianship matter last night which could only cause Steve Eager to say, 'What a mess.' Well, it was a mess of a report."

I took a class a few years back in which we were trained by a public information officer in the D/FW area. She said, "You'll learn which reporters you can talk to. But never, EVER, under any circumstances, talk to Becky Oliver. She will edit and misquote, and misrepresent anything you say to her. None of us will talk to her, ever."

Becky Oliver has burned the film with her "exposés".